One Night Stand Not Marriage Under Hindu Law: Bombay High Court

The Bombay High Court in a critical decision, the Bombay High Court said that a physical connection between a man and a lady by decision or by shot or coincidentally or by chance or by accident or by pone night stand cannot be termed as “marriage” and does not fall under the meaning of marriage under Hindu laws.

It was also held by this Court that a tyke conceived/baby born out of this relationship / one night stand will have no rights over the father’s property if no marriage can be proved in the court.

Justice Mridula Bhatkar said that “Broadly either customary solemnization of marriage is required or performance of legal formality is a condition precedent to label that matter relationship as a marriage. Any sexual intercourse that took place by choice or chance or by accident is not considered as marriage.”

The court does take note that our society is going through a sea change as to how marriage is seen in today’s scenario and as defined under Section 16 of the Hindu Marriage Act. It held that “In some countries, homosexual unions are accepted as marriages, so also live-in relationships and children born within such relationships have posed as complicated issues and a challenge to legal thinkers to define the term of the marriage, whether in wider or narrow meaning.”

WHAT HAPPENS IF SOMEONE MARRIED TWICE?

The rights of a child are determined only on the basis of the institution of marriage even though it has been subsequently held void. In the leading case, the man had married twice. As per Hindu Laws, his second marriage was void as he has not divorced the first one. Though in the instant case the second marriage was considered void but the daughter from his second wife had legitimate rights in the share of his property.

This doesn’t mean one night stand is the right choice of the act, so firstly think than act and keep following Hub4trendies